Karnataka HC directs state govt to regulate street vendors, food trucks

BENGALURU: The Karnataka High Court directed the Union of India to enact a law or guidelines for restaurant businesses, bifurcating them into small, medium and large businesses, clearly indicating the hygiene, cooking processes, procurement of raw material, etc., in conformity with traditional Indian standards of cooking and cooking processes. The court also directed the state government to bring in health and safety standard regulations for all street vendors and food trucks, and to create a mechanism for vigil over its strict implementation. Upholding the constitutionality of the Food Safety and Standards Act, 2006 and Regulations, the court directed that the Union of India should tripartite the guidelines of all nuances under the regulations into small, medium and large restaurants in line with the implementation of the regulations, owing to the necessity of health standards and apprehension of health hazards by bringing in appropriate regulations or guidelines. Justice M Nagaprasanna passed the order while disposing of the petitions filed by Karnataka Pradesh Hotel & Restaurants Association and Bruhat Bengaluru Hotels Association questioning the legality of a few provisions of the Food Safety and Standards Act, 2006, and the regulations framed thereunder. The petitioners also challenged the letter dated March 13, 2012, issued by the state government for implementation of the norms framed by the Union Government directing all the states to implement rules and regulations, which are framed by the Food Safety and Standards Authority of India and mandating every food business operator to either get a licence or registration to carry on their business, and consequently declare a few provisions of the Act and regulations under it are unconstitutional. The petitioners claimed the regulations framed under the Act are impossible to implement and they are not in line with Indias requirements. The Food Safety Standards Act of the United States of America is paraphrased into the subject Act, they alleged. The court said that the standards impugned cannot now be diluted upon a mere challenge to the regulations. The regulations in question merely institute a regulatory regime founded upon reason and necessity. The regulations are valid and must be strictly complied with, the court added.